Section 4.113 - [Effective 7/1/2025] Authorized Pits(a) An operator may, without a permit, maintain or use reserve pits, mud circulation pits, completion/workover pits, makeup water pits, fresh mining water pits, water condensate pits, and produced water recycling pits if the pit complies with this division.(b) Unless otherwise approved by the District Director after a showing that the contents of the pit will be confined in the pit at all times, all authorized pits shall be constructed, used, operated, and maintained at all times outside of a 100-year flood plain as that term is defined in §4.110 of this title (relating to Definitions). The operator may request a hearing if the District Director denies approval of the request to construct an authorized pit within a 100-year flood plain.(c) An authorized pit that was constructed pursuant to and compliant with § 3.8 of this title (relating to Water Protection) as that rule existed prior to July 1, 2025, is authorized to continue to operate subject to the following: (1) Authorized pits that cause pollution shall be brought into compliance with or closed according to this division.(2) By July 1, 2026, basic sediment pits, flare pits, and other unpermitted pits not authorized by this section shall be:(A) permitted according to this subchapter; or(B) closed according to this division.(3) By January 1, 2026, an operator of a non-commercial fluid recycling pit shall: (A) register the pit as a produced water recycling pit according to subsection (e) of this section and file the required financial security according to §4.115 of this tile (relating to Schedule B Authorized Pits); or(B) close the pit according to this division.(4) At the time of closure, authorized pits shall be closed according to this division.(d) In the event of an unauthorized release of oil and gas waste, treated fluid, or other substances from any pit authorized by this section, the operator shall take any measures necessary to stop or control the release and report the release to the District Office within 24 hours of discovery of the release.(e) The operator shall register all authorized pits with the Commission.(1) The Director shall establish a registration system for authorized pits by July 1, 2025. (A) New authorized pits constructed after July 1, 2025 shall register by mailing or emailing to Technical Permitting the registration form established by the Commission.(B) By July 1, 2027, the Director will establish an online system for operators to register and for the Commission to maintain a record of authorized pits.(C) The operator of an authorized pit shall register the pit using the online registration system once it is established by the Director.(2) New pits shall be registered prior to operation of the pit.(3) Authorized pits existing on July 1, 2025, shall be registered or closed within one year.(4) Authorized pit registration shall include: (B) the location of the pit including the lease name and number, drilling permit number or other Commission-issued identifier, and the latitude and longitude coordinates using the 1983 North American Datum (NAD);(C) the pit dimensions and capacity in barrels;(D) the expected depth to groundwater from the bottom of the pit; and(E) for produced water recycling pits, the financial security required by §4.115 of this title.(5) An authorized pit may be designated as more than one type of pit provided it meets the requirements in this section for each type of pit. An authorized pit of one type may be redesignated as an authorized pit of another type (for example, a reserve pit may be redesignated as a completion pit) provided the pit was constructed to meet the design and construction requirements of the pit type to which it will be redesignated.16 Tex. Admin. Code § 4.113
Adopted by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0070, eff. 7/1/2025